Driving under the influence

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1937 poster warning U.S. drivers against drunk driving Don't Mix 'Em 1937.jpg
1937 poster warning U.S. drivers against drunk driving

Driving under the influence (DUI) is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely. [1] Multiple other terms are used for the offense in various jurisdictions.

Contents

Terminology

The name of the offense varies from jurisdiction to jurisdiction and from legal to colloquial terminology. In various jurisdictions the offense is termed "driving under the influence" [of alcohol or other drugs] (DUI), "driving under the influence of intoxicants" (DUII), "driving while impaired" (DWI), "impaired driving", "driving while intoxicated" (DWI), "impaired driving", "operating while intoxicated" (OWI), "operating under the influence" (OUI), "operating [a] vehicle under the influence" (OVI), "drunk in charge", or "over the prescribed limit" (OPL) (in the UK). Alcohol-related DUI is referred to as "drunk driving", "drunken driving", or "drinking and driving" (US), or "drink-driving" (UK/Ireland/Australia). Cannabis-related DUI may be termed "driving high", and more generally drug-related DUI may be referred to as "drugged driving", "driving under the influence of drugs" (DUID), or "drug-impaired driving".[ citation needed ]

In the United States, the specific criminal offense is usually called driving under the influence, but states may use other names for the offense including "driving while intoxicated" (DWI), "operating while impaired" (OWI) or "operating while ability impaired", and "operating a vehicle under the influence" (OVI). [2]

Definition

In typical usage of the terms DUI, DWI, OWI, and OVI, the offense consists of driving a vehicle while affected by alcohol or drugs. [3] [4] However, in the majority of US states, the criminal offense may not involve actual driving of the vehicle but rather may broadly include operating or being physically in control of a motor vehicle while under the influence, even if the person charged is not in the act of driving. [5] [6] For example, individuals found in the driver's seat of a car while intoxicated and holding the car keys, even while parked, may be charged with DUI because they are in control of the vehicle. [7] In contrast, California only makes it illegal to drive a motor vehicle while under the influence, requiring actual "driving". "The distinction between these two terms is material, for it is generally held that the word 'drive,' as used in statutes of this kind, usually denotes movement of the vehicle in some direction, whereas the word 'operate' has a broader meaning so as to include not only the motion of the vehicle but also acts which engage the machinery of the vehicle that, alone or in sequence, will set in motion the motive power of the vehicle." [8]

Many DUI laws apply also to motorcycling, boating, piloting aircraft, use of mobile farm machinery such as tractors and combines, riding horses or driving a horse-drawn vehicle, bicycling, or skateboarding, possibly with different BAC level than driving. [9] [10] [11] In some jurisdictions, there are separate charges depending on the vehicle used. In Washington state, for instance, BUI (bicycling under the influence) laws recognize that intoxicated cyclists are likely to primarily endanger themselves. Accordingly, law enforcement officers are empowered only to protect the cyclist by impounding the bicycle rather than filing DUI charges. [12]

George Smith, a London Taxi cab driver, ended up being the first person to be convicted of driving a motor vehicle while intoxicated, on September 10, 1897, under the "drunk in charge" provision of the 1872 Licensing Act. He was fined 25 shillings, which is equivalent to £179in 2023. [13]

Alcohol

Table from the 2010 DrugScience study ranking various drugs (legal and illegal) based on statements by drug-harm experts. This study rated alcohol the most harmful drug overall, and the only drug more harmful to others than to the users themselves. HarmCausedByDrugsTable.svg
Table from the 2010 DrugScience study ranking various drugs (legal and illegal) based on statements by drug-harm experts. This study rated alcohol the most harmful drug overall, and the only drug more harmful to others than to the users themselves.

Drunk driving (or drink-driving in British English [15] ) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash. [16] In the United States, alcohol is involved in 30% of all traffic fatalities. [17] It is not known nationally how many people are killed each year in crashes involving drug-impaired drivers because of data limitations, [18] but one study of drivers who were seriously injured in crashes found that 23.6% of drivers were positive for alcohol and 12.2% were positive solely for alcohol. [19]

Other drugs

For drivers suspected of drug-impaired driving, drug testing screens are typically performed in scientific laboratories so that the results will be admissible in evidence at trial. Due to the overwhelming number of impairing substances that are not alcohol, drugs are classified into different categories for detection purposes. Drug impaired drivers still show impairment during the battery of standardized field sobriety tests, but there are additional tests to help detect drug impaired driving. In the US, one study found that 25.8% of drivers seriously injured in crashes tested positive for cannabinoids, 13.6% tested positive solely for cannabinoids, and 24.6% tested positive for a drug other than alcohol or cannabis. [19]

Recreational drugs

Drivers who have smoked or otherwise consumed cannabis products such as marijuana or hashish can be charged and convicted of impaired driving in some jurisdictions. A 2011 study in the B.C. Medical Journal stated that there "...is clear evidence that cannabis, like alcohol, impairs the psychomotor skills required for safe driving." The study stated that while "[c]annabis-impaired drivers tend to drive more slowly and cautiously than drunk drivers,... evidence shows they are also more likely to cause accidents than drug and alcohol-free drivers". [20] A more recent 2023 study found that when compared to alcohol, "the impairment effect of marijuana on driving is relatively mild" since drivers using cannabis "drive slower, avoid overtaking other vehicles, and increase following distances." [21] In Canada, police forces such as the Royal Canadian Mounted Police have "...specially trained drug recognition and evaluation [DRE] officers... [who] can detect whether or not a driver is drug impaired, by putting suspects through physical examinations and co-ordination tests. [20] In 2014, in the Canadian province of Ontario, Bill 31, the Transportation Statute Law Amendment Act, was introduced to the provincial legislature. Bill 31 contains driver's license "...suspensions for those caught driving under the influence of drugs, or a combination of drugs and alcohol. [22] Ontario police officers "...use Standard Field Sobriety Tests (SFSTs) and drug recognition evaluations to determine whether the officer believes the driver is under the influence of drugs." [22] In the province of Manitoba, an "...officer can issue a physical coordination test. In B.C., the officer can further order a drug recognition evaluation by an expert, which can be used as evidence of drug use to pursue further charges." [22]

In the US state of Colorado, the state government indicates that "[a]ny amount of marijuana consumption puts you at risk of driving impaired." Colorado law states that "drivers with five nanograms of active tetrahydrocannabinol (THC) in their whole blood can be prosecuted for driving under the influence (DUI). However, no matter the level of THC, law enforcement officers base arrests on observed impairment." In Colorado, if consumption of marijuana is impairing your ability to drive, "it is illegal for you to be driving, even if that substance is prescribed [by a doctor] or legally acquired." [23]

Prescription medications

Prescription medications such as opioids and benzodiazepines often cause side effects such as excessive drowsiness, and, in the case of opioids, nausea. [24] Other prescription drugs including antiepileptics and antidepressants are now also believed to have the same effect. [25] In the last ten years, there has been an increase in motor vehicle crashes, and it is believed that the use of impairing prescription drugs has been a major factor. [25] Workers are expected to notify their employer when prescribed such drugs to minimize the risk of motor vehicle crashes while at work.[ citation needed ]

If a worker who drives has a health condition which can be treated with opioids, then that person's doctor should be told that driving is a part of the worker's duties and the employer should be told that the worker could be treated with opioids. [26] Workers should not use impairing substances while driving or operating heavy machinery like forklifts or cranes. [26] If the worker is to drive, then the health care provider should not give them opioids. [26] If the worker is to take opioids, then their employer should assign them work which is appropriate for their impaired state and not encourage them to use safety sensitive equipment. [27]

Testing

Field sobriety testing

Field sobriety tests are a battery of tests used by police officers to determine if a person suspected of impaired driving is intoxicated with alcohol or other drugs. FSTs are primarily used in the United States, to meet "probable cause for arrest" requirements (or the equivalent), necessary to sustain a DWI or DUI conviction based on a chemical blood alcohol test. In the US, field sobriety tests are voluntary; however, some states mandate commercial drivers accept preliminary breath tests (PBT).[ citation needed ]

Drug Evaluation and Classification program

The Drug Evaluation and Classification program is designed to detect a drug impaired driver and classify the categories of drugs present in his or her system. The procedures are used post-arrest to gather evidence for trial, rather than for probable cause, as they would be difficult to conduct at the scene. [28]

Initially developed by the Los Angeles, California, Police Department in the 1970s, the DEC program breaks down detection into a twelve-step process that a government-certified Drug Recognition Expert (DRE) can use to determine the category or categories of drugs that a suspect is impaired by. The twelve steps are:

  1. Breath Alcohol Test
  2. Interview with arresting officer (who notes slurred speech, alcohol on breath, etc.)
  3. Preliminary evaluation
  4. Evaluation of the eyes
  5. Psychomotor tests
  6. Vital signs
  7. Dark room examinations
  8. Muscle tone
  9. Injection sites (for injection of heroin or other drugs)
  10. Interrogation of suspect
  11. Opinion of the evaluator
  12. Toxicological examination [29]

DREs are qualified to offer expert testimony in court that pertains to impaired driving on drugs.

The DEC program is recognized by all fifty states in the U.S., Canada, and the United Kingdom and DRE training in the use of the twelve-step [MS1] process is scientifically validated by both laboratory and field studies. [30]

Testing for cannabis

U.S. states prohibit the operation of a motor vehicle while under the influence of drugs, including marijuana. [31] For example, in Illinois it is illegal to operate a motor vehicle with a THC level of 5 nanograms or more per milliliter of whole blood or 10 nanograms or more per milliliter of other bodily substances. [32] Under that law, an individual can be arrested for driving under influence of cannabis at any THC level, including under the per se legal limits if an Officer believes the individual is impaired by cannabis. [32]

It can be important to perform testing soon after a traffic stop, as THC plasma levels decline significantly after the passage of one or two hours. [33] A number of companies are developing roadside THC breathalyzers that may be used by the police to help identify drivers impaired by the use of marijuana. Some nations use saliva swabs to test for THC levels at roadside, but questions remain about the reliability of saliva testing. [34]

Other charges

Child endangerment

In the US state of Colorado, impaired drivers may be charged with child endangerment if they are arrested for DUI with minor children in the vehicle. [35]

Wet reckless

"Wet reckless" is a term used informally when a driver takes a plea bargain, agreeing to plead guilty to reckless driving in exchange for the elimination of the drunk driving charge. [36] In California, a driver may not be charged or arrested for "wet reckless" driving, and the sole function of the charge is as a possible disposition following a plea bargain for a driver charged with DUI. [37]

Penalties

In the case of a crash, car insurance may be automatically declared invalid for the intoxicated driver; the drunk driver would be fully responsible for damages. In the American system, a citation for driving under the influence also causes a major increase in car insurance premiums. [38]

The German model serves to reduce the number of crashes by identifying unfit drivers and revoking their licenses until their fitness to drive has been established again. The medical-psychological assessment works for a prognosis of the fitness for drive in future, has an interdisciplinary basic approach, and offers the chance of individual rehabilitation to the offender. [39]

Laws by country

The laws relating to DUI vary significantly between countries, particularly the thresholds at which a person is charged with a crime. In many countries, sobriety checkpoints (roadblocks of police cars where drivers are checked), driver's licence suspensions, fines, and prison sentences for DUI offenders are used as part of an effort to deter impaired driving. In addition, many countries have prevention campaigns that use advertising to make people aware of the danger of driving while impaired and the potential fines and criminal charges, discourage impaired driving, and encourage drivers to take taxis or public transport home after using alcohol or other drugs. In some jurisdictions, a bar or restaurant that serves an impaired driver may face civil liability for injuries caused by that driver. In some countries, non-profit advocacy organizations, a well-known example being Mothers Against Drunk Driving (MADD) run their own publicity campaigns against drunk or impaired driving.[ citation needed ]

US federal regulation

The United States Department of Transportation (USDOT) regulates many occupations and industries, and has a zero tolerance policy pertaining to the use of cannabis for any regulated employee whether he or she is on-duty or off-duty. Regardless of any State's DUI Statutes and DMV Administrative Penalties, a Commercial Driver's License "CDL" holder will have his or her CDL suspended for 1-year for a DUI arrest and will have his or her CDL revoked for life if they are subsequently arrested for driving impaired. [32]

See also

Related Research Articles

Drunk driving is the act of operating a motor vehicle with the operator's ability to do so impaired as a result of alcohol consumption, or with a blood alcohol level in excess of the legal limit. For drivers 21 years or older, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For drivers under 21 years old, the legal limit is lower, with state limits ranging from 0.00 to 0.02. Lower BAC limits apply when operating boats, airplanes, or commercial vehicles. Among other names, the criminal offense of drunk driving may be called driving under the influence (DUI), driving while intoxicated or impaired (DWI), operating [a] vehicle under the influence of alcohol (OVI), or operating while impaired (OWI).

Vehicular homicide is a crime that involves the death of a person other than the driver as a result of either criminally negligent or murderous operation of a motor vehicle.

<span class="mw-page-title-main">Mothers Against Drunk Driving</span> Nonprofit organization

Mothers Against Drunk Driving (MADD) is a non-profit organization in the United States, Canada and Brazil that seeks to stop driving with any amount of alcohol in the bloodstream, support those affected by drunk driving, prevent underage drinking, and strive for stricter impaired driving policy, whether that impairment is caused by alcohol or any other drug. The Irving, Texas-based organization was founded on September 5, 1980, in California by Candace Lightner after her 13-year-old daughter, Cari, was killed by a drunk driver. There is at least one MADD office in every state of the United States and at least one in each province of Canada. These offices offer victim services and many resources involving alcohol safety. MADD has claimed that drunk driving has been reduced by half since its founding.

<span class="mw-page-title-main">Ignition interlock device</span> Breathalyzer for an individuals vehicle

An ignition interlock device or breath alcohol ignition interlock device is a breathalyzer for an individual's vehicle. It requires the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle. If the resultant breath-alcohol concentration analyzed result is greater than the programmed blood alcohol concentration, the device prevents the engine from being started. The interlock device is located inside the vehicle, near the driver’s seat, and is directly connected to the engine’s ignition system. It is a form of electronic monitoring.

License suspension or revocation traditionally follows conviction for alcohol-impaired or drunk driving. However, under administrative license suspension (ALS) laws, sometimes called administrative license revocation or administrative per se, licenses are confiscated and automatically suspended independent of criminal proceedings whenever a driver either (1) refuses to submit to chemical testing, or (2) submits to testing with results indicating a blood alcohol content of 0.08% or higher.

DWI courts are a form of court that exists in some United States legal jurisdictions, that use substance-abuse interventions and treatment with defendants who plead guilty of driving while intoxicated or impaired. DUI courts may focus on repeat offenders and drivers with very high levels of blood alcohol at the time of the offense. As of December 2011, there were approximately 192 designated DUI courts in the United States, and approximately 406 drug courts that also accept DUI offenders.

The U.S. state of Maryland has various policies regarding the production, sale, and use of different classes and kinds of drugs.

<span class="mw-page-title-main">11-Nor-9-carboxy-THC</span> Main secondary metabolite of THC

11-Nor-9-carboxy-Δ9-tetrahydrocannabinol, often referred to as 11-nor-9-carboxy-THC or THC-11-oic acid, is the main secondary metabolite of tetrahydrocannabinol (THC) which is formed in the body after cannabis is consumed.

In Canada, impaired driving is the criminal offence of operating a motor vehicle while the person's ability to operate the vehicle is impaired by alcohol or a drug. The offence includes having care or control of a motor vehicle while the person's ability to operate the motor vehicle is impaired by alcohol or a drug. Impaired driving is punishable under multiple offences in the Criminal Code, with greater penalties depending on the harm caused by the impaired driving. It can also result in various types of driver's licence suspensions.

The laws of driving under the influence vary between countries. One difference is the acceptable limit of blood alcohol content before a person is charged with a crime. Thresholds range from the limit of detection (zero-tolerance) to 0.08%. Some countries have no limits or laws on blood alcohol content.

<span class="mw-page-title-main">Cannabis in Colorado</span>

In Colorado, cannabis has been legal for medical use since 2000 and for recreational use since late 2012. On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces (57 g) of medical marijuana and may cultivate no more than six marijuana plants. Patients who were caught with more than this in their possession could argue "affirmative defense of medical necessity" but were not protected under state law with the rights of those who stayed within the guidelines set forth by the state. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to recreational legalization in December 2012 and state-licensed retail sales in January 2014. The policy has led to cannabis tourism. There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.

<span class="mw-page-title-main">Drunk driving</span> Operating a motor vehicle under the influence of alcohol

Drunk driving is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash.

<span class="mw-page-title-main">Drug-impaired driving</span> Driving a motor vehicle while under the influence of an impairing substance

Drug-impaired driving, or drug driving, in the context of its legal definition, is the act of driving a motor vehicle while under the influence of an impairing substance. DUID, or Driving Under the Influence of Drugs, is prohibited in many countries.

<span class="mw-page-title-main">Cannabis drug testing</span> Drug test methodologies for the use of cannabis

Cannabis drug testing describes various drug test methodologies for the use of cannabis in medicine, sport, and law. Cannabis use is highly detectable and can be detected by urinalysis, hair analysis, as well as saliva tests for days or weeks.

<span class="mw-page-title-main">Field sobriety testing</span> Battery of tests used by police officers

Field sobriety tests (FSTs), also referred to as standardized field sobriety tests (SFSTs), are a battery of tests used by police officers to determine if a person suspected of impaired driving is intoxicated with alcohol or other drugs. FSTs are primarily used in the United States, to meet "probable cause for arrest" requirements, necessary to sustain an alcohol-impaired driving conviction based on a chemical blood alcohol test.

<span class="mw-page-title-main">Drug policy of Michigan</span> Overview of the drug policy of the U.S. state of Michigan

The U.S. state of Michigan has various policies restricting the production, sale, and use of different controlled substances. Some of the policies are unique to the state while others are similar to federal law. Laws pertaining to controlled substances can be found almost exclusively in various sections of public health code, specifically Act 368 of 1978.

Driving under the influence (DUI) occurs when a person operates a motor vehicle while under the influence of drugs or alcohol, or when the driver has a blood alcohol level of 0.08 or greater. Minors and young adults aged 18–20 can be charged with impaired driving based on blood alcohol levels of 0.01 or higher, and CDL license holders can be charged based upon blood alcohol levels of 0.04 or higher.

An Act to amend the Criminal Code and to make consequential amendments to other Acts, also known as Bill C-46, is an act of the Parliament of Canada that was introduced in the House of Commons by Minister of Justice Jody Wilson-Raybould in 2017, alongside the Cannabis Act. The act increases police powers related to impaired driving—including authorizing mandatory alcohol screening, without suspicion that the person is impaired—and it increases the maximum punishments for driving related offences in the Criminal Code.

<span class="mw-page-title-main">Cannabis and impaired driving</span> Overview of the relationship between the use of Cannabis and impaired driving ability

Two main questions arise in the law surrounding driving after having ingested cannabis: (1) whether cannabis actually impairs driving ability, and (2) whether the common practice of testing for THC is a reliable means to measure impairment. On the first question, studies are mixed. Several recent, extensive studies–including one conducted by the National Highway Traffic Safety Administration and one conducted by the American Automobile Association (AAA)–show that drivers with detectable THC in their blood are no more likely to cause car crashes than drivers with no amount of THC in their blood. Others show that cannabis can impair certain abilities important to safe driving –but no studies have been able to show that this increases the actual risk of crashing, or that drivers with THC in their blood cause a disproportionate number of crashes. On the second question, the studies that have been conducted so far have consistently found that THC blood levels and degree of impairment are not closely related. No known relationship between blood levels of THC and increased relative crash risk, or THC blood levels and level of driving impairment, has been shown by single-crash or classic-control studies. Thus, even though it is possible that cannabis impairs driving ability to some extent, there are currently no reliable means to test or measure whether a driver was actually impaired.

Occupational health concerns over the use of cannabis among workers are becoming increasingly important as cannabis becomes legal in more areas of the US. Of note, employers have concerns of workers either coming to work acutely impaired or recent use of cannabis still being detected in the body. Employment issues such as ADA law as it relates to accommodations for cannabis, paying unemployment benefits or paying out workers compensation benefits and disability claims are all important issues. While federal law still prohibits use, employers in different states have taken different stances based on whether they are federal contractors, perform safety sensitive work or whether the cannabis use is acutely impairing the employee.

References

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